BUDHU MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24-2-1997 and order of sentence dated 25-2-1997 passed in Sessions trial No. 328/95/T.R. No. 12/ 95, whereby and whereunder the learned First Additional Judicial Commissioner. Khunti held the appellants guilty under Sections 302/34 IPC and convicted and sentenced them to undergo RI for life and to pay a fine of Rs. 1000/- and in default to undergo RI for six months. They were further convicted and sentenced to undergo RI for one month under Section 323 IPC but sentences were directed to run concurrently.

(2.) Prosecution case in brief is that Dulari Oraon (Kachchap) gave a fard beyan on 6-11-1994 at about 2.15 P.M. in Argori village before B Kullu. Officer Incharge of Khunti P.S. stating therein that on 5-11-1994 at about 6 P.M. she was lying on the bed as she was suffering from fever and her husband and her eldest daughter and younger daughter were in the house. Her son Mansa Oraon who was studying in Ranch, had come to house on the occasion of Dipawali leave and in his favour chicken was being prepared by her eldest daughter. Her co-villagers Somra Munda. Budhu Munda and Bijla Lakra entered into her house and started searching for her saying where is the witch and we will kill her. The husband of the informant protested to such statement of these persons and there was a scuffle in between her husband and them and they dragged her husband out and threw him on the ground and all the three armed with Tangi and Farsa assaulted him. Her husband was writhing as a result of assault and when he was writhing, she and others were crying and on the sound of cry her son Mansa Oraon came to the rescue of his father and he was also assaulted. All of them out of fear, remained in the house whole night and in the next morning her son went to Police Station. Cause of occurrence is stated to be the death of the daughter of Somra Munda some days before but Somra Munda claimed that due to witchcraft played by the informant his daughter died and learning that the chicken is being prepared in the house of the informant the accused persons believed that she was offering prayer by sacrificing chicken to the ghost. On this piece of fard beyan a case was registered under Section 302/34 IPC bearing Khunti P. S. Case No. 120/94 and after investigation police submitted chargesheet. Cognizance in the case was taken and the case was committed to the Court of Session and the learned First Additional Sessions Judge recorded the evidence both oral and documentary of the witnesses produced on behalf of both the sides and found the appellants guilty convicted and sentenced them as aforesaid.

(3.) Defence has denied the allegation levelled against them and assailed the judgment on the point hereinafter to be discussed.